Maritime Safety Act 2005

Power of arrest.

13

13.—(1) A member of the Garda Síochána who reasonably suspects that a person is committing or has committed an offence under this Part or section 23 or 24 involving the careless or dangerous navigation or operation of a craft may arrest without warrant the person.

(2) ( a) Subject to paragraph (b), an authorised person who reasonably suspects that a person has committed or is committing an offence under this Part or section 23 or 24 involving the careless or dangerous navigation or operation of a craft may—

(i) within the functional area of the authority which appointed him or her, or

(ii) in the functional area of another authority, with the agreement of that other authority,

arrest without warrant the person.

( b) An authorised person is not entitled to exercise the power referred to in paragraph (a) unless he or she has received (whether before or after the commencement of this section) training and instruction which, in the opinion of the authority concerned, after consultation with the Garda Síochána, is such as will provide guidance to him or her in the exercise of that power.

( c) An authority shall endorse on the warrant it furnishes to an authorised person appointed by it a statement to the effect that the person has received the training and instruction referred to in paragraph (b).

( d) Where an authorised person arrests a person under paragraph (a) he or she shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

( e) The arrest of a person under paragraph (a) does not prejudice the re-arrest under statute or otherwise of that person by a member of the Garda Síochána.